Louisville & N. R. v. Summers
Court of Appeals for the Sixth Circuit
In Error-to the Circuit Court of the United States for the Middle District of Tennessee. This is a .consolidated cause which includes two actions brought by the defendant in error as the administrator of the estates, respectively, of his two brothers, Thomas J. Summers and Robert H. Summers, against the railroad company, to recover damages resulting from an accident which caused the death of both of them, and which, it was alleged, was occasioned by the negligence of the…
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In Error-to the Circuit Court of the United States for the Middle District of Tennessee. This is a .consolidated cause which includes two actions brought by the defendant in error as the administrator of the estates, respectively, of his two brothers, Thomas J. Summers and Robert H. Summers, against the railroad company, to recover damages resulting from an accident which caused the death of both of them, and which, it was alleged, was occasioned by the negligence of the railroad company. The pleadings and the facts in the two actions being identical, they were, by order of the court,…
1Opinion of the Court
SEVERENS, Circuit Judge.
At the hearing of this cause our attention was attracted to the circumstance that, although it was proposed to review two separate judgments, only one writ of error was sued out and one assignment of errors filed. Technically this was irregular, as the consolidation of the causes in the court below was only for convenience in trying them. The verdict and judgments were separate, as they should have been, and had no dependence upon one another, and no relation, except that they rested upon a similar, and to some extent a common, record. But the defendant in error makes…
2Cases cited3 opinions
- Grand Trunk Railway Co. v. IvesSupreme Court of the United States · 1892
- Northern Pacific Railroad v. FreemanSupreme Court of the United States · 1899
- Brown v. SpoffordSupreme Court of the United States · 1877
3Cited by18 opinions
- Pokora v. Wabash Railway Co.Supreme Court of the United States · 1934
- Big Brushy Coal & Coke Co. v. WilliamsCourt of Appeals for the Sixth Circuit · 1910
- Harper v. StumpffSupreme Court of Oklahoma · 1921
- Waters-Pierce Oil Co. v. Van ElderenCourt of Appeals for the Eighth Circuit · 1905
- Garrett v. Louisville & N. R.Court of Appeals for the Sixth Circuit · 1912
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